NCDRC

NCDRC

OP/155/1995

M/S. TOMORROWS ANTIQUES - Complainant(s)

Versus

M/S. ALITATYA CARGO & ORS. - Opp.Party(s)

MR. S.K. SHARMA

20 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 155 OF 1995
 
1. M/S. TOMORROWS ANTIQUES
-
...........Complainant(s)
Versus 
1. M/S. ALITATYA CARGO & ORS.
-
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Complainant :NEMO
For the Opp.Party :NEMO

Dated : 20 May 2011
ORDER

None present for the Petitioners. O.P. No. 155 of 1995 filed by M/s. M/s. Tomorrows Antiques V/s. M/s. Alitatya Cargo and others and O.P No. 156 of 1995 filed by M/s. Dilwari Exporters V/s. M/s. Alitatya Cargo and others were dismissed by this Commission vide judgement dated 15.4.2002. M/s. M/s. Dilwari Exporters had challenged the said judgement of this Commission and the Apex Court allowed the appeal filed by M/s. Dilwari Exporters and the same was remanded back to this Commission for fresh adjudication of the claim preferred by the Appellant, namely, M/s. Dilwari Exporters on merits. In view of this, we fail to understand as to how Original Petition No.155/1995 has been placed before us since the judgement vis-vis the said complaint had attained finality for want of appeal. Therefore, in future only Original Petition No. 156/1995 shall be listed before us. Office report shows that the record of Original Petition No. 156/1995 had been weeded out and no paper book/part-I is available. In view of this, the complainant M/s. Dilwari Exporters was requested to furnish paper book vide Commission letter dated 30.8.2010. The office report further states that no further communication was received from M/s. Dilwari Exporters. Neither the registered letter was received back nor acknowledgment due was received. Since 30 days time had elapsed from the date of registered notice, the complainant is deemed to have been served. Be that as it may, we deem it appropriate that a fresh notice be again issued to M/s. Dilwari Exporters to furnish paper book to this Commission on or before the next date of hearing. Adjourned to 16.8.2011 for direction.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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